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Home My WebLink About07/16/1985 - Regular Minutes - Zoning Board of AdjustmentsMINUTES • CITY OF COLLEGE STATION, TEXAS Zoning Board of Adjustment July 16, 1985 7:00 P.M. MEMBERS PRESENT: Chairman Upham, Members Wendt, Wagner, Alternate Members Meyer & Swoboda MEMBERS ABSENT: Members McGuirk & Fry STAFF PRESENT: Zoning Official Kee & Planning Technician Volk AGBNDA ITBM N0. 1: Call to order - explanation of functions and limitations of Board. Chairman Upham called the meeting to order and explained the functions and limitations of the Board. AGBNDA ITBM N0. 2: Hear visitors. An unidentified gentleman in the audience (visitor register indicated it was W. R. Bryant) stated that he is here to respond to a letter he had received from the City regarding a variance on Peyton and Zoning Official Kee informed him that the applicant had withdrawn the application so it has not been included on the agenda, but notification from the applicant had come too late to re-notify the public. • AGBNDA ITBM N0. 3: Approval of Minutes - =eeting of June 18, 1985. Mr. Wagner made a motion to approve the minutes as presented. Mr. Wendt seconded the motion which carried unanimously (5-0). AGBNDA ITBM N0. 4: Consideration of a variance to parking requirements at 211 Oniversity Drive to a11oW additional seating in existing restaurant. Applicant is Doubledave's Pizzaworks. Mrs. Kee explained that the request has been revised from the original 8 spaces to only 2 spaces; that there are currently 12 seats in this restaurant, and the applicant is requesting to add 6 more seats. She further explained that when a use for which required parking is determined by square footage is changed to a use for which required parking is determined by the number of seats, staff makes the calculations and advises the number of seats which will be allowed, further advising that if any additional seats are desired, a variance will be required. David Atkinson, 1104 Todd Trail was sworn in and identified himself as the president of Doubledave's Pizzaworks and explained the variance request. He stated that he was aware that 12 seats would be allowed in this restaurant at the time he opened it, but has determined that an additional 6 seats would be better for business. He said that he is approximately one block away from what is normally considered the congested "Northgate" area, that his employees park behind the restaurant but his customers cannot because there is no legal access to that area. He added that verbal access has been granted by the owner of the land, • George Boyett who has indicated that as long as that use is not abused, his employees can use it. 1 ZBA Minutes 7-16-85 • He went on to explain that when he applied for the larger parking variance, he had been anticipating leasing additional land from Bill Harper which he planned to use for a patio, but added that he had not been able to reach an agreement with Mr. Harper, and had therefore dropped his plans for a patio, and had revised his variance request to cover 6 additional indoor seats. Mr. Upham asked where his delivery vehicles park. Mr. Wendt asked what his peak business hours are and what other businesses are close to this location. Mr. Atkinson explained that his delivery vehicles park on the street and that there might be a maximum of 3 cars at once parked there. He said that his peak hours are from 6-7:30 p.m., and again from 10 p.m. to 12 a.m., pointing out that most of the other businesses in this area are closed at 5 p.m., so his peak business hours are after the other businesses are closed, therefore would not actually add to the existing parking problems in the area. He continued explaining that the Deluxe Burger is down the street, but has on-site parking so there is no conflict between the two similar businesses. Mr. Swoboda asked how on-street parking is assigned and Mrs. Kee replied that it is not, as on-street parking is not technically counted by the City, therefore is not controlled. Mr. Wendt asked if this is the same type of request this applicant requested at his other place of business and Mr. Upham explained the difference is that the other business is in a shopping center with a private parking lot, and spaces are allocated to each business, thus making the other request much simpler than this one where there is virtually no on-site parking available for any of the businesses. Mr. Wagner asked if any attempt had been made to develop a cross- • parking agreement with a business which had on-site parking available, but had peak business hours which differed and Mr. Atkinson said that no one was willing to enter into a formal agreement which might antagonize other businessmen in the area. Mrs. Meyer stated that if a variance is granted, it goes with the land rather than with the applicant, and that a variance might work very well for this particular applicant, but if another business were established at this location which had hours which were similar to other businesses in the area, a variance could very well cause additional problems in an already troubled area. Mrs. Kee reminded the Board that there had been at least one instance that the Board granted a variance to a specific business only, with the stipulation that if another business was established at that location, the variance became null and void. Mrs. Meyer then asked why the applicant had changed his mind about the seating on the patio, and Mr. Atkinson replied that several important factors had arisen which caused him to change his mind about this addition to the business. He went on to state that he (Doubledave's} has a 5 year lease on this land with an additional 5 year option to renew, therefore he has a long-term plan for occupancy at this location. Mr. Wagner then offered a motion to authorize a variance to the parking requirements (Section 7) from the terms of this ordinance as it will not be contrary to the public interest, due to the following unique and special conditions of the land not normally found in like districts: (1)Business hours will be during the time of day that current adjacent commercial businesses are closed; and, (2)There are no other like districts in the city, and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant and such that the spirit of this ordinance shall be observed and • substantial justice done, subject to the following limitations: The variance is 2 ZBA Minutes 7-16-85 • granted to David Atkinson for the operation of Doubledave's Pizzaworks for the duration of this business enterprise only. Motion was seconded by Mrs. Meyer and passed by a unanimous vote (5-0). AGENDA ITEM N0. 5: Other business. Mr. Upham announced that it appears that Member James Fry no longer lives in the community, and if that is true, he would request that a replacement member of the Board be appointed by the Council. He also referred to the Enabling Act which has been supplied by staff, and requested that each Board member study it carefully. He then expressed appreciation for the comments offered by the Legal Department on the case file summary form. AGENDA ITBM N0. 6: Adjourn. Mr. Wagner made a motion to adjourn; Mr. Wendt seconded the motion which carried unanimously (5-0) and the meeting was adjourned. APPROVED • ATTEST ------------------------------ City Secretary, Dian Jones C airm , Jack U ham 3 ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION Variances: From Section it-B.5 I move to authorize a variance to the yard (6-G) lot width (Table A) lot depth (Table A) sign regulations (Section $) _ minimum setback (Table A) parking requirements (Section 7) from the terms of this ordinance as it will not be contrary to the public interest, due to the following unique and spe 'al onditions of the land not normally found in li e districts: ~,y~ ~ ~^ /" A .~ ~' Y .~+ ~~- and because a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to this applicant) and such that the spirit of this Ordinance shall be observed justice done, subject to the fol owin li itatlons: 1. ~ ~ .,~ C~ ` • ~. J This motion w ma y Seconded by ~ The variance was granted he following vote: ~ubs r Sig~Sature ZONING BOARD OF ADJUSTMENT GUEST REGISTER • DATE July 16, 1985 NAME ADDRESS nay, ~ ,r~ ~/ l/ ~/.~ /7~! ~ t~'~>~ "fit/ ~ S~ ~~',~''~'' .;-~. 2 . ~/(/~ /~ ~ ~1Q, ~~ U ~ / x-22 / ~VL~ C'~ S . 3. 4. 5. 6. 7. 8. 9. l0. 11. • 12. 13. 1#. 15. 16. 17. 18. 19. 20. 21. 22. 23- . 24. 25.